Fixing Kelo

Matthew Hoy
By Matthew Hoy on June 28, 2005

Texas Sen. John Cornyn has introduced legislation designed to curb some Kelo excesses.

The legislation would clarify government’s exercise of its power of eminent domain to be limited only for public use. ‘Public use’ shall not be construed to include economic development. This standard of protection would apply only to (1) all exercises of eminent domain power by the federal government, and (2) all exercises of eminent domain power by state and local government through the use of federal funds.

This is a good start, but only a start. The limitation that this only applies to on a state and local level when federal funds are involved make this appear more of a feel-good piece of legislation than anything with substantial teeth.

Nonetheless, it's good to know that there are some Senators who recognize just how out of whack the Supreme Court is. If you'd like a T-shirt highlighting this travesty, you can get one here.

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